The revision petitioner seeks to revise his conviction of an offence under section 323, Indian Penal Code. The Sub-Inspector of Police, Puthukadai, charge-sheeted the petitioner and three others for an offence under section 290, Indian Penal Code. The learned Special First Class Magistrate, Kuzhithurai, questioned the accused under section 242, Criminal Procedure Code, as to whether the accused caused public nuisance on 7th December, 1966, at 1 p.m. on the Enayam Keezhkulam Public Road. The accused pleased that they did not commit any offence. After examining P.Ws. 1 to 4 and considering the prosecution exhibits, the learned Special First class Magistrate, convicted the petitioner (and three others were acquitted in the Court below) for an offence under section 323, Indian Penal Code. From the entire proceedings it emerges clearly that the accused had no notice of the charge for an offence under section 323, Indian Penal Code. They were charged only for an offence under section 290, Indian Penal Code. The essential elements of an offence under section 290, Indian Penal Code, are fundamentally different from the constituent elements of an offence under section 323, Indian Pen